Conviction under the POCSO Act - Sentence suspended consider in a consensual love relationship

Meghalaya High Court Suspends Sentence in POCSO Case, Highlighting Consensual Relationship, Court Observes Need for Legislative Changes to Address Adolescent Relationships Under POCSO Act

In a significant ruling, the Meghalaya High Court, under the judgment of Mr. W. Diengdoh, J., has suspended the sentence of Shri. Skhem Syrti, who was convicted under the Protection of Children from Sexual Offences (POCSO) Act. The decision was made in light of prima facie evidence suggesting a consensual love relationship between the appellant and the survivor. The court noted that while the merits of the appeal remain to be examined, the circumstances warranted a suspension of the sentence pending appeal.

The case, registered under Crl.M.C. No. 133 of 2025, involved the appellant's request for sentence suspension, arguing the consensual nature of the relationship and questioning the authenticity of the birth certificate presented by the complainant, which claimed the survivor was below 18 at the time of the incident. The court observed that the birth certificate, being a photocopy, was not exhibited in accordance with Section 65 of the Evidence Act, raising questions about its validity.

The survivor, in her deposition, confirmed her love for the appellant and expressed regret over the consequences he faced. This testimony was pivotal in the court's decision to grant the suspension of the sentence.

Additionally, the court referenced the Madras High Court's observations in the case of Vijayalakshmi v. State, which highlighted the challenges faced by adolescents involved in consensual relationships and the unintended consequences of the stringent provisions of the POCSO Act. The judgment called for legislative amendments to better address such cases.

The court has imposed conditions on the appellant, requiring him not to abscond or leave the jurisdiction of Meghalaya and to furnish a personal bond of Rs. 20,000 with one surety. The appellant is to be released upon execution of this bond.

This ruling underscores the evolving judicial perspective on adolescent relationships and the urgent need for legislative reforms to align legal provisions with societal realities.

Bottom Line:

Suspension of sentence granted to the appellant in light of a prima facie determination of a consensual love relationship between the appellant and the survivor, with the merits of the case to be considered at a later stage.

Statutory provisions: Protection of Children from Sexual Offences (POCSO) Act, Section 65 of the Evidence Act

Shri. Skhem Syrti v. State of Meghalaya, (Meghalaya) : Law Finder Doc id # 2819615